Green Mountains And Tennessee Hills

How many attorneys are admitted in both Tennessee and Vermont?

At least one, who was reciprocally censured by the Vermont Supreme Court

On January 30, 2018, Disciplinary Counsel for the Professional Responsibility Board filed with the Court a certified copy of an Order of Public Censure of respondent entered by the Board of Professional Responsibility of the Supreme Court of Tennessee. The Tennessee Board of Professional Responsibility found that respondent engaged in a pattern of collecting a partial attorney fee from clients in Chapter 7 bankruptcy proceedings and requiring the clients to make installment payments on the remainder of his fees after their bankruptcy petitions were filed. Respondent failed to advise his clients that they had no legal obligation to pay the remainder of his fees after their petitions were filed. Respondent collected post-petition attorney fees from his clients, which constituted a concurrent conflict of interest since respondent put himself in the position of creditor with his own clients. In certain cases where his clients failed to comply with their installment payments, respondent filed civil collection actions against them after their debts were discharged in bankruptcy in violation of federal law. Additionally, in his collection actions, respondent requested a one-third fee above and beyond the amount alleged to be owed as an attorney fee while acting in a pro se capacity. The Tennessee Board of Professional Responsibility concluded that by these acts, respondent violated Tennessee Rules of Professional Conduct 1.1 (competence), 1.4 (communication), 1.5 (fees), 1.7 (conflict of interest), 1.9 (duties to former clients), 3.1 (meritorious claims), and 8.4(a) and (d) (misconduct), and it publicly censured respondent for these violations.

(Mike Frisch)